Grijjy® Terms of Use

Last updated: November 10, 2015

These are the Grijjy Terms of Use ("Terms") and you should read them carefully. By downloading, accessing, or using the mobile applications, websites, or other products or services of Grijjy, Inc. ("Grijjy", "we" or "us"), (collectively, the "Service" or "Services"), you acknowledge and agree to these Terms, and Grijjy's Privacy Policy, which can be found at http://www.grijjy.com/privacy, and which is incorporated herein by reference. If you choose to not agree with any of these Terms or the Privacy Policy, do not use the Services.

These Terms apply to all users of the Grijjy Services. Information provided by our users through the Grijjy Services may contain links to third-party websites that are not owned or controlled by Grijjy. Grijjy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Grijjy will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that Grijjy shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Subject to your compliance with these Terms, Grijjy hereby grants you permission to use the Services, provided that: (a) your use of the Services as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of, or access to, the Services, or in any other manner inconsistent with these Terms; (b) you will not duplicate, transfer, give access to, copy or distribute any part of the Services in any medium without Grijjy's prior written authorization; (c) you will not attempt to reverse engineer, alter or modify any part of the Services; and (d) you will otherwise comply with the terms and conditions of these Terms and Privacy Policy.

In order to access and use the features of the Services, you acknowledge and agree that you will have to provide Grijjy with any one (or more, if you choose to) of the following to create your own Grijjy account, ("Account"): Mobile phone number, email address, other instant message application unique identifier, and/or other social media profile, such as Facebook, Twitter, etc.; all of which comprise your Grijjy Account unique identifiers ("Account Identifiers"). You understand and agree that in order to provide the Services, Grijjy may occasionally request your permission to access your contact list and/or address book on your mobile device to find and keep track of Account Identifiers of other users of the Services. When providing your Account Identifiers you must provide accurate and complete information. You are solely responsible for the User Content and related Public Submissions (both defined below in the User Content section) that you submit and that are displayed for your Account on the Grijjy Services. You must notify Grijjy immediately of any breach of security or unauthorized use of your Account. Although Grijjy will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Grijjy or others due to such unauthorized use.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTES CLAUSE CONTAINED HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND GRIJJY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Users

Grijjy is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating Grijjy accounts.

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Grijjy Account.

You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to, and use of, the Services or any portion thereof.

User Content

The Services consist of interactive features and functions that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, audio, voice messaging, text, graphics, or other materials, including your Public Submissions which are defined below (collectively, "User Content").

You understand that you are responsible for all data charges you incur by using the Services, including downloading the mobile application. You also understand that your User Content may be viewable by others.

Also you agree to follow our General Content Guidelines below, which may be updated from time to time.

General Content Guidelines:

Violating these rules may result in the removal of content, and/or the suspension of your Account and you being prohibited from using Grijjy in the future. We will do our best to enforce these guidelines consistently and fairly, and at our discretion we'll do what we think is best in each situation.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Grijjy is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

The Grijjy Services allow Grijjy users to submit profile photos, or "selfies", as part of User Content submitted by you, along with the automatic submission of your "last location" details from your mobile device location services, to create a public face to your Account (collectively, the "Public Submissions"). These Public Submissions are part of your User Content and may be hosted, shared, and/or published as part of the Grijjy Services, and may be visible to other users of the Services.

For clarity, direct messages, photos, or files that you send directly to other Grijjy users will only be viewable by those Grijjy user(s) or group(s) to whom you directly send such information; but Public Submissions may be globally viewed by Grijjy users that have your Account Identifiers on their mobile device. Currently, we have no method of providing different levels of visibility of your Public Submissions among users that have your Account Identifiers – you acknowledge and agree that any Public Submissions may be globally viewed by users that have your Account Identifiers, so don't submit or post profile photos, or allow locations services from your mobile device for Grijjy, that you don't want to be seen globally. The submission of your "last location" detail is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Public Submissions. You understand that whether or not such Public Submissions are published, Grijjy does not guarantee any confidentiality with respect to any Public Submissions' content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. Because Grijjy is only acting as a repository of data, Public Submissions do not necessarily represent the views or opinions of Grijjy, and Grijjy makes no guarantees as to the validity, accuracy or legal status of any of them. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Grijjy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Public Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms. To be clear: you retain all of your ownership rights in your User Content but you have to have the rights in the first place. However, by submitting the User Content to Grijjy, you hereby grant Grijjy a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Grijjy Services and Grijjy's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Grijjy Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your Account Identifier on the Grijjy Services a non-exclusive license to access your Public Submissions through the Services. The foregoing license granted by you terminates once you remove or delete a Public Submissions from the Grijjy Services.

In connection with User Content you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Grijjy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Grijjy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Services or its related systems or networks.

Grijjy does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Grijjy expressly disclaims any and all liability in connection with User Content. Grijjy does not permit copyright infringing activities and infringement of intellectual property rights via its Services, and Grijjy will remove all content and User Content if properly notified that such content or Public Submissions infringes on another's intellectual property rights. Grijjy reserves the right to remove content and User Content without prior notice. Grijjy may also terminate a user's access to the Services, if they are determined to be a repeat infringer, or for any or no reason, including just being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Public Submissions removed from the Services more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Grijjy employees, agents, or subagents. Grijjy also reserves the right to decide whether content or a Public Submissions is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law. Grijjy may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

You understand that when using the Grijjy Services you will be exposed to User Content from a variety of sources, and that Grijjy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content is not the responsibility of Grijjy. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Grijjy with respect thereto, and agree to indemnify and hold Grijjy, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Grijjy Services.

Grijjy permits you to link to materials on the Services for personal purposes only. Grijjy reserves the right to discontinue any aspect of the Grijjy Services at any time.

Feedback

You agree that any feedback, suggestions, ideas, or other information or materials that you provide regarding Grijjy or the Services, whether by email, mail, phone or otherwise ("Feedback"), are non-confidential and shall become the sole property of Grijjy. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback, including any copyrights. Please do not share any Feedback with us if you expect to be paid or receive attribution, or want to continue to own or claim rights in them.

Grijjy Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, audio, video clips, and written and other materials (collectively, "Grijjy Content"), as well as their selection and arrangement, are protected by copyright, trademark, or other intellectual property laws. Unauthorized use of Grijjy Content may violate such laws and these Terms. Except as expressly provided in these Terms, Grijjy does not grant any express or implied rights to use Grijjy Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Grijjy Content, the Services, or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, non-exclusive, non-sub licensable license to access and use the Services and Grijjy Content. This license is revocable at any time. This license is subject to these Terms, as well the Privacy Policy, and does not include:

Any use of the Services or Grijjy Content other than as specifically authorized in these Terms, without the prior written permission of Grijjy, is strictly prohibited and will terminate the license to use Grijjy granted in these Terms.

Grijjy reserves all rights in, and to, the Services not expressly granted you in these Terms or Privacy Policy. You agree to not engage in the use, copying, or distribution of any of the Services or Grijjy Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not:

You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Grijjy, including the iTunes App Store Terms or the Google/Android Market Terms. Posting Grijjy usernames in app store reviews is strictly prohibited and may result in us deleting your Grijjy Account.

Account Security

After opening a Grijjy Account, you accept all responsibility for any activity that occurs while logged into your Account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your Account, including sharing your password with, or logging in through, unauthorized third-party applications or clients that attempt to access the Grijjy API. If you use any such application or client, you acknowledge and agree that Grijjy will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your Account information or messages.

When you first create a Grijjy Account, you may provide your mobile number to create your Account. You may also invite others who are not currently Grijjy account holders to the Grijjy Services. Please be aware that your carrier's text messaging and data fees apply for mobile number verification and invitations to others who are not on the Grijjy Service.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Copyright Policy

Grijjy respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Grijjy becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user's Account. All users should be aware of and comply with applicable copyright laws.

If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:

Grijjy, Inc.
Attn: Grijjy Legal
1205 Prospect St., Suite 400
La Jolla, CA 92037
copyright@grijjy.com

To be effective, any takedown notice submitted to our designated agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Grijjy to locate the material.
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer

THE SERVICES AND THE GRIJJY CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRIJJY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES' CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES THROUGH THE ACTIONS OF ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GRIJJY SERVICES. IN ADDITION, WHILE GRIJJY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

For International Users

The Services are hosted, controlled, and offered by Grijjy from its facilities in the United States of America, and are governed by U.S. law. Grijjy makes no representations that the Grijjy Services are appropriate or available for use in other locations. Those who access or use the Grijjy Services from outside the United States of America do so at their own volition and are responsible for compliance with local law. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that through your continued use of the Services, you are transferring your personal information to the United States and you consent to that transfer.

Disputes

1) Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless Grijjy, our managing members, officers, directors, shareholders, employees, affiliates, licensors, agents and suppliers (the "Grijjy Parties") from and against any and all complaints, charges, claims, damages, obligations, losses, costs, liabilities, and expenses (including, but not limited to, attorneys' fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of any of these Terms, including the Privacy Policy; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities, or (f) any claim that any of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Grijjy Services.

2) Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GRIJJY OR THE GRIJJY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF, OR INABILITY TO USE, THE SERVICES; (B) THE PROVISION OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN; (C) THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF GRIJJY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY (D) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GRIJJY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (J) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

You assume total responsibility for your use of the Services. Your only remedy against Grijjy for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Grijjy is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Grijjy's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

YOU SPECIFICALLY ACKNOWLEDGE THAT GRIJJY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GRIJJY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the Services of Grijjy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and Grijjy are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Grijjy, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  4. Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Grijjy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Grijjy.
  5. Waiver of Jury Trial. YOU AND GRIJJY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Grijjy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GRIJJY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Diego County, California.
  7. Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  9. Small Claims Court. Notwithstanding the foregoing, either you or Grijjy may bring an individual action in small claims court.
  10. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Diego County, California, for such purpose.
  11. Survival. This Arbitration Agreement will survive the termination of your relationship with Grijjy.

4) Forum and Venue

A lawsuit, if any, by you or Grijjy against the other will occur in state or federal court in San Diego County, California. You and Grijjy agree that the jurisdiction and venue of these courts is exclusive.

Applicable Law

Any dispute between you and Grijjy will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.

You agree that: (i) the Grijjy Services shall be deemed solely based in California; (ii) the Grijjy Services shall be deemed a passive server that does not give rise to personal jurisdiction over Grijjy, either specific or general, in jurisdictions other than California; and (iii) that you agree to be subject to the jurisdiction of California in the event of any legal dispute. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. These Terms, together with the Privacy Policy and any other legal notices published by Grijjy, shall constitute the entire agreement between you and Grijjy concerning the Grijjy Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Grijjy's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Grijjy reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Grijjy Services. Your continued use of the Grijjy Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND GRIJJY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GRIJJY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Grijjy without restriction.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Grijjy. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Grijjy Account.

Questions or Comments

Grijjy welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting http://www.grijjy.com/support